So You Don’t Like Your POTUS? (Hey, It’s America, What Else Is New?) but What If It Were Illegal Not To?

Posted | January 29, 2024
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Jailed for Free Speech

Vacharaesorn Vivacharawongse

Having lived most of his life outside the country, Vacharaesorn Vivacharawongse is one of five sons of Thailand’s King Vajiralongkorn and has come forward with a call for open discussions about the country’s monarchy. Why does this matter? Well, unlike America, in Thailand, you can be charged under Article 112 of Thailand’s Criminal Code for insulting the monarch, his immediate family, or the regent.

Challenging the restrictive, royal anti-defamation law, Vacharaesorn, shared his views on Facebook after attending a photo exhibition in New York, which highlighted individuals who had endured severe penalties for breaking the law that included up to 15 years in prison.

In the last three years, at least 257 people today have faced lèse-majesté charges in 278 cases, including approximately 20 minors, according to the Thai Lawyers for Human Rights. The government under Prayuth launched this crackdown amid street protests by student-led groups advocating for increased democracy and reforms related to the monarchy. If you lived in a place where you couldn’t express your views, how would your life be different?

The Repercussions of a Country without Free Speech

Imagine being with friends at a restaurant or bar and having to wonder if what you’re saying will come back to you in a way that could put your entire livelihood at risk. It’s one thing to speak your mind and have people disagree with you. It’s another to not feel safe in your community to speak your mind for fear of whether the government could take you away from your family.

MANEY | GORDON Trial Lawyers has decades of experience standing up for our freedom of speech. In our blog titled Fighting For Our First Amendment Rights, partner, Jack Gordon discusses a case that, at the time, was unpopular to prosecute. During an elementary school class, a student refused to pledge to the flag and instead, took a knee. This one expression had serious repercussions for him in his school and community. MANEY | GORDON Trial Lawyers took on the case and Gordon was noted as saying about the United States pledge, “The term “all” includes both those people who choose to stand for the pledge, as well as those who choose to kneel.”

In a country without freedom of speech, individuals often resort to self-censorship. They avoid discussing sensitive topics, even privately, for fear that their words might be misconstrued or reported. This self-censorship can extend to social media and online platforms, where people are often afraid to express their views, leading to a lack of open dialogue and debate. From political expression to creative and intellectual expression, artistic works, literature, and even social commentary can be subject to censorship. This, of course, stifles innovation and cultural diversity.

Having certain inalienable rights in the United States means many things for many people who live here including the freedom to express themselves with little, legal reproductions. In Thailand, living under a controlling regime can not only affect the collective culturally but also as individuals. Some common emotional and psychological effects of governmental restraints are:

Fear and Anxiety: Citizens may live in a constant state of fear due to the possibility of government surveillance, arbitrary arrests, and repercussions for expressing dissenting opinions.

Isolation: People may feel isolated and hesitant to confide in others for fear of potential informers, even among friends and family.

Stress and Paranoia: Living in a controlled environment can lead to chronic stress and paranoia about who can be trusted, which can have long-term effects on mental health.

Depression: The inability to express oneself freely and the constant pressure to conform can lead to feelings of helplessness and depression.

Reduced Trust: A culture of fear and surveillance can erode trust in society, making it difficult for people to form meaningful relationships.

Political Apathy: A sense of powerlessness may lead to political apathy, as people may believe that their actions won’t make a difference.

Cognitive Dissonance: People may experience cognitive dissonance as they try to reconcile their true beliefs with what they publicly express or endorse to avoid government persecution.

Moral Dilemmas: Citizens may face moral dilemmas as they grapple with the choice of complying with unjust laws or standing up for their principles at great personal risk.

For those of us in America who enjoy the privileges of free speech, let us remember the significance of this right and for firms like MANEY | GORDON Trial Lawyers advocating for the expansion of free expression worldwide. Understanding the differences in the way people live in various parts of the world can help us appreciate the value of our country’s First Amendment and encourage us to protect and defend this fundamental human right.